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INTERNATIONAL LEGAL REPOSITORY

 

EUROPEAN TREATIES AND DECISIONS

EUROPEAN UNION EUROPEAN COMMISSION COUNCIL OF THE EUROPEAN UNION COUNCIL OF EUROPE


EUROPEAN UNION

EUROPEAN UNION
DOCUMENT
Treaty on European Union (Title VI Provisions on police and judicial cooperation in judicial and criminal matters)
DATE OF ENTRY INTO FORCE/SIGNATURE
Entered into force on November 1, 1993
RATIFICATION/ACCEPTANCE/APPROVAL/ACCESSION/SUCCESSION
Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Spain, Slovakia, Slovenia, Sweden, United Kingdom
HIGHLIGHTS ON RELEVANT ARTICLES
Article 29
NOTES
The aim of the present Treaty is to provide citizens with a high level of safety. This objective shall be achieved also by preventing and combatting trafficking in persons and offences against children. It can be realised through: closer cooperation between police forces, customs authorities and other competent authorities in the Member States, closer cooperation between judicial and other competent authorities of the Memeber States and approximation of rules on criminal matters.This Title of the Treaty has been restructured by the Treaty of Amsterdam that was signed on October 2nd, 1997 and entered into force on May 1st, 1999.

 

DOCUMENT
Europol Convention
DATE OF ENTRY INTO FORCE/SIGNATURE
Entered into force on July 26, 2005
RATIFICATION/ACCEPTANCE/APPROVAL/ACCESSION/SUCCESSION
Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom
Membership of Europol is not automatic. Joining the European Union is only the first step in becoming a member of Europol. Each new Member State must formally adopt the Europol Convention and send notification to the EU of its intention to join the organisation. An applicant finally becomes a fully fledged Europol member only 3 months after that notification has been received.
HIGHLIGHTS ON RELEVANT ARTICLES
Article 2 §2 and Annex referred to in Article 2
NOTES
This Convention establishes a European Police Office which task is to improve the effectiveness of the competent authorities in the Member States and cooperation between them in some aeras including drug trafficking, terrorism, money laundering, trafficking in human beings and crimes involving clandestine immigration networks, child pornography and sexual exploitation of women. Europol is the European Union organisation for cross-border coordination among EU national law-enforcement agencies (mainly national police forces, immigration and customs authorities) of the Member States. Based in The Hague, Netherlands, Europol is essentially a central police office for the support of Member States by collation, analysis and dissemination of information.

 

DOCUMENT
Charter of Fundamental Rights of the European Union (2000/C 364/01)
DATE OF ENTRY INTO FORCE/SIGNATURE
Signed on December 7, 2000
RATIFICATION/ACCEPTANCE/APPROVAL/ACCESSION/SUCCESSION
Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Spain, Slovakia, Slovenia, Sweden, United Kingdom
HIGHLIGHTS ON RELEVANT ARTICLES
Articles: 5 §1, 5 §3, 24, 32
NOTES
The European Union Charter of Fundamental Rights sets out in a single text the whole range of civil, political, economic and social rights of European citizens and all persons resident in the EU.These rights are divided into six sections: Dignity, Freedoms, Equality, Solidarity, Citizens' rights, Justice. They are based, in particular, on the fundamental rights and freedoms recognised by the European Convention on Human Rights, the constitutional traditions of the EU Member States, the Council of Europe's Social Charter, the Community Charter of Fundamental Social Rights of Workers and other international Conventions to which the European Union or its Member States are parties.

 

 


 

EUROPEAN COMMISSION

 

DOCUMENT
Commission Decision setting up a consultative group, to be known as the 'Experts Group on Trafficking in Human Beings' (2003/209/EC)
<>DATE OF ENTRY INTO FORCE/SIGNATURE
Entered into force on March 26, 2003
RATIFICATION/ACCEPTANCE/APPROVAL/ACCESSION/SUCCESSION
Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Spain, Slovakia, Slovenia, Sweden, United Kingdom
HIGHLIGHTS ON RELEVANT ARTICLES
Articles: 1, 2.3, 3, 11
NOTES
In September 2002, the European Commission, in conjunction with the International Organisations for Migration (IOM) and the European Parliament, organised the European Conference on Preventing and Combating Traffic in Human Beings - Global Challenge for the 21st Century. The final result of the Conference was the Brussels Declaration. The recommendations attached to the Declaration call for an experts group to be set up to consolidate and develop the validity and performance of standards and best practices of the counter trafficking policy. The Commission Decision 2003/209/EC of 25 March 2003 set up the EU Experts Group on Trafficking in Human Beings in order to contribute substantively to the further development of the prevention of and the fight against trafficking in human beings (THB). The Experts Group took the form of a consultative group in accordance with current practice in other areas. It enabled the Commission to gather opinions on any Commission initiative relating to THB. Furthermore, the Experts Group, which worked on the basis of the Brussels Declaration, was tasked with submitting by mid 2004 a comprehensive report on countering THB to enable the Commission to launch new initiatives at European level.

 

 


 

COUNCIL OF THE EUROPEAN UNION

 

DOCUMENT
Council Framework Decision on combating trafficking in human beings (2002/629/JHA)
DATE OF ENTRY INTO FORCE/SIGNATURE
Entered into force on August 1, 2002
RATIFICATION/ACCEPTANCE/APPROVAL/ACCESSION/SUCCESSION
Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Spain, Slovakia, Slovenia, Sweden, United Kingdom
HIGHLIGHTS ON RELEVANT ARTICLES
Articles: 1, 7
NOTES
The Framework Decision gives a precise juridical definition on what are offences concerning trafficking in human beings for the purposes of labour exploitation or sexual exploitation. The reason for the current framework decision being that there was a need for further legislative action addressing the divergence of legal approaches in the Member States in this area. In accordance with the principles of subsidiarity and proportionality, this Framework Decision confines itself to the minimum required in order to achieve those objectives at European level and does not go beyond what is necessary for that purpose. The Framework Decision sets out measures regarding offences concerning trafficking in human beings for the purposes of labour exploitation or sexual exploitation and protection of and assistance to victims (where the victim is a child, each Member State shall take the measures possible to ensure appropriate assistance for his or her family). For the purpose of this Framework Decision 'child' means any person below 18 years of age, and a victim is considered to have been particularly vulnerable at least when the victim was under the age of sexual majority under national law and the offence has been committed for the purpose of the exploitation of the prostitution of others or other forms of sexual exploitation, including pornography. The Council, on the basis of a report established on the basis of this information and a written report transmitted by the Commission, assessed the extent to which Member States have taken the necessary measures in order to comply with this Framework Decision.

 

DOCUMENT
Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities
<>DATE OF ENTRY INTO FORCE/SIGNATURE
Entered into force on August 6, 2004
RATIFICATION/ACCEPTANCE/APPROVAL/ACCESSION/SUCCESSION
Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Spain, Slovakia, Slovenia, Sweden, United Kingdom
HIGHLIGHTS ON RELEVANT ARTICLES
Articles: 2 lit. f), 3, 10
NOTES

The Directive sets out the criteria for issuing a residence permit to victims of trafficking, which includes that they have shown a clear intention to co-operate with the authorities. The Directive also stipulates that trafficked people should be informed of "the possibility of obtaining this residence permit and be given a period in which to reflect on their position. This should help put them in a position to reach a well-informed decision as to whether or not to co-operate with the competent authorities".

Member states will provide trafficked people with subsistence, access to emergency medical treatment and attend to the special needs of the most vulnerable during a reflection period. Where a government considers that a trafficked person does meet the criteria for a residence permit then this will be issued for at least six months. Residence permit holders should be authorised to access the labour market, vocational training and education according to rules set out by national governments.

All EU states were obliged to bring their national law into line with the Directive before 6 August 2006, except those, like the UK, which have negotiated an "opt out" from this type of EU legislation.

 

 


 

COUNCIL OF EUROPE

 

DOCUMENT
Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11
DATE OF ENTRY INTO FORCE/SIGNATURE
Entered into force on September 3, 1953
RATIFICATION/ACCEPTANCE/APPROVAL/ACCESSION/SUCCESSION
Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia (Former Yugoslav Republic of), Malta, Moldova (Republic of), Netherlands, Monaco, Norway, Poland, Portugal, Romania, Russian Federation, San Marino, Serbia (Republic of), Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom
HIGHLIGHTS ON RELEVANT ARTICLES
Articles: 4, 19
NOTES
The 'European Convention on Human Rights' sets forth a number of fundamental rights and freedoms (right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination). More rights are granted by additional protocols to the Convention. Parties undertake to secure these rights and freedoms to everyone within their jurisdiction. The Convention also establishes an international enforcement machinery to ensure the observance of the engagements undertaken by the Parties: the European Court of Human Rights set up in Strasbourg that deals with individual and inter-State petitions and gives advisory opinions concerning the interpretation of the Conventions and the protocols thereto. All alleged violations of human rights are referred directly to the Court. It decides on the admissibility and merits of applications and if necessary undertakes an investigation. The Court also places itself at the disposal of the parties with a view to securing a friendly settlement of the matter.

 

DOCUMENT
The European Social Charter (revised)
DATE OF ENTRY INTO FORCE/SIGNATURE
Entered into force on July 1, 1999
RATIFICATION/ACCEPTANCE/APPROVAL/ACCESSION/SUCCESSION
Albania, Andorra, Armenia, Azerbaijan, Belgium, Bulgaria, Cyprus, Estonia, Finland, France, Georgia, Ireland, Italy, Lithuania, Malta, Moldova (Republic of), Netherlands, Norway, Portugal, Romania, Slovenia, Sweden, Ukraine
HIGHLIGHTS ON RELEVANT ARTICLES
Part I.7 and, in Part II, Articles: 7, 11, 17
NOTES
While the European Convention on Human Rights guarantees civil and political human rights the European Social Charter guarantees social and economic human rights representing the natural counterpart of the Convention. Three Protocols were added to the Charter in 1988, 1991 and 1995. It sets out rights and fundamental freedoms and establishes a supervisory mechanism based on collective complaints and state reports, guaranteeing their respect by states parties. It guarantees a wide range of workers' rights; it also guarantees health's rights and children's rights in many circumstances from birth to adulthood in two different manners. Firstly, many of the rights guaranteed by the Charter have a specific relevance for children; for example Article 16 (right of the family to social, legal and economic protection) and Article 11 (right to Protection of Health). Secondly, the Charter contains specific rights relating exclusively to children; Article 7 (right of children and young persons to protection) and Article 17 (right of mothers and children to social and economic protection).

 

 

DOCUMENT
Convention on Cybercrime
DATE OF ENTRY INTO FORCE/SIGNATURE
Entered into force on July 1, 2004
RATIFICATION/ACCEPTANCE/APPROVAL/ACCESSION/SUCCESSION

Albania, Armenia, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Denmark, Estonia, France, Hungary, Iceland, Latvia, Lithuania, Macedonia (Former Yugoslav Republic of), Netherlands, Norway, Romania, Slovenia, Ukraine, United States of America

HIGHLIGHTS ON RELEVANT ARTICLES
Article 9
NOTES

The Convention is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography (see for details article 9) and violations of network security. It also contains a series of powers and procedures such as the search of computer networks and interception. Its main objective, set out in the preamble, is to pursue a common criminal policy aimed at the protection of society against cybercrime, especially by adopting appropriate legislation and fostering international co-operation.

 

DOCUMENT

The Council of Europe Convention Against Trafficking in Human Beings

DATE OF ENTRY INTO FORCE/SIGNATURE

Entered into force on February 1, 2008

RATIFICATION/ACCEPTANCE/APPROVAL/ACCESSION/SUCCESSION

To date, the Convention has been ratified by Albania, Armenia, Austria, Bosnia and Herzegovina, Croatia, Cyprus, Denmark, France, Georgia,  Latvia, Malta, Moldova, Norway, Portugal, Romania, Slovakia and Bulgaria and has been signed by 22 other CoE member states:  Andorra,  Belgium,  Finland, Germany, Greece, Hungary, Iceland, Ireland,  Italy,  Lithuania, Luxembourg, Montenegro, Netherlands, Poland, San Marino, Serbia, Slovenia, Spain, Sweden, "the former Yugoslav Republic of Macedonia", Ukraine and the United Kingdom.

HIGHLIGHTS ON RELEVANT ARTICLES

Chapter II - Prevention, co-operation and other measures
Chapter III - Measures to protect and promote the rights of victims, guaranteeing gender equality
Chapter V - Investigation, prosecution and procedural law
Chapter VII - Monitoring mechanism

NOTES

On 1 February 2008, the Council of Europe Convention on Action against Trafficking in Human Beings, the first European treaty in this field, entered into force. This is a significant achievement and a major step forward in the fight against this modern form of slavery. This new Convention is a comprehensive treaty focussing mainly on the protection of victims of trafficking and the safeguard of their rights. It also aims to prevent trafficking and to prosecute traffickers. In addition, the Convention provides for the setting up of an effective and independent monitoring mechanism (GRETA) capable of controlling the implementation of the obligations contained in the Convention. The Convention is not restricted to CoE member states; non-member states and the European Community also have the possibility of becoming Party to the Convention.